NO START OF CONSTRUCTION BEFORE APPROVALS
06.05.2014
It is strongly advised not to start construction before the necessary, legally binding building permits have been obtained.
The Administrative Court (VwGH) had to decide on a case in which the builders insisted on early construction, although they were aware that the construction would not fall below the required minimum distances. The builders relied on the loose promises made by the affected neighbors not to raise any objections and instructed the construction company to carry out the work. As a result, the VwGH revoked the previously issued approval notices. The builders are threatened with construction being suspended and the demolition of the construction without consensus. According to Section 41 of the Styrian Building Act, if construction is carried out without a permit, the relevant building authority must issue a removal order - regardless of any application for subsequent approval submitted later! So even if the project could have been approved, the authority must order its removal if no permit was in place at the time construction work began. The executing contractor must also be careful. He is obliged to warn the building owners in accordance with Section 1168 a ABGB. In its ruling (2 Ob 277/08 m), the Supreme Court made it clear that in such cases the warning requirement should not be too high, because the building applicant must be aware of the risk of having to stop or remove the construction without consent. However, the administrative criminal liability of the building contractor remains unaffected by this.